The executive taking the role of a judge and ordering the demolitions without following the process of law is violative of the rule of law, the Supreme Court said on Wednesday as it pronounced its verdict on a batch of pleas challenging the arbitrary demolition of properties of people named in criminal cases. It issued nationwide guidelines on the demolition of properties often using bulldozers.
The court underlined the executive cannot replace the judiciary in performing the latter’s core functions. “The state cannot take arbitrary action against the accused or convict without following the due process of law,” the court said. “Authorities must be able to show that demolition is the only recourse available even in cases where there are some encroachments.”
The court directed that there should be no demolition without following the statutory guidelines and a 15-day notice. It said the rule of law mandates against arbitrary action and violations can promote lawlessness. “Legal process cannot condone such action,” the court said. It said the protection of civil rights is essential for protecting constitutional democracy.